Order No. 06
Dated:-02.11.2018
FINAL ORDER/J U D G E M E N T:-
Shri. Prabin Chettri, Ld. Member.
The complainant Shri Arun Kumar Singh has filed the present petition of Complainant under section 12 of the Consumer Protection Act, 1986, wherein he has stated that he has entered into contract for packing of his household goods, transporting and delivering the same to Jalpaiguri from Bangalore with the O.P. 3 ( Shri Hari Packers & Movers). The O.P. No 1, 2 & 4 are branches of Blue Dart at Siliguri & Jalpaiguri, who are also engaged in transporting of complainant’s goods from Bangalore to Jalpaiguri as an associate of Shri Hari Packers & Movers.
Complainant handed his household goods on 18.07.2016 through Shri Hari Packers & Movers for the delivery of the same, and the same was delivered to the complainant on 29.07.2016 by Blue Dart Vide Way Bill No. 50350330730 at Jalpaiguri. While on delivery item no 30 (Carpet) of packing list was missing. Complainant’s wife was available during delivery. Mr. Rasu Deo of Blue Dart Jalpaiguri was also available at the delivery time. Instead of carpet, a small stool was being offered by Blue Dart, while was refused to accept the same.
Complainant had been continuously contacting different offices of Blue Dart and Bangalore office of Hari Packers & Movers, but without any fruitful result. Complainant did’nt received his missing carpet till date. Complainant could not claim insurance for the same as he had not received the Insurance documents, no efforts have been made by both the parties (Opposite Parties) to pay either the cost of carpet or arrange insurance claims.
Complainant before filling this case approached before the Assistant Director, Consumer affairs & Fair Business Practice, Jalpaiguri Office for his claims, despite of 5 hearings/dates for resolve the matter before the above office, the O.P. (Blue Dart) attended three dates and passed the buck to Shri Hari Packers & Movers for Deficiency of service and Unfair Trade Practices. The O.P. 3 (M/S Hari Packers & Movers) didn’t attend a single date.
Then, the complainant files this case before the forum for redressal as the opposite parties inflicted enormous amount of mental agony and financial loss to the complainant and his family.
Hence this case,
Decision with Reasons:-
On the other hand opposite parties (1, 2, 3& 4) didn’t turn up before the Forum after duly service of the notice upon them.
Hence this case is heard Ex-parte against all the O.P.s.
Complainant’s claim the value of the carpet of Rs. 10,000/- Insurance coverage of Rs. 6000/- i.e. the total amount of Rs. 16,000/- and the interest @ 18% on 16,000 for 2 years is Rs. 5760/-.Further more complainant claim for the mental agony to himself and his family of Rs. 50,000/- as compensation.
Now, the point for the proper adjudication of the complainant’s case we perused the complaints petition and all the relevant documents filed by the complainant. Heard the complainant in full at a length. On perusal of the relevant documents filed by the complainant we find that, the complainant entered into contract for packing his household goods, transporting and delivering the same from Bangalore to Jalpaiguri with the O.P. No.3 (Shri Hari Packers & Movers) as an associate the O.P. No. 1, 2, & 4 (Blue Dart) were also engage in transporting and delivering the goods of the complainant.
Furthermore, on perusal of Mail correspondence documents filed by the complainant we find that, the actual shipment was 37 pieces but 1 shipment was mismatch so, consignee refuses 1piece shipment and 36 pieces was received by consignee, which is the admitted fact. So, we find that, the complainant had filed this case in clean hand and the opposite parties were liable for Deficiency in service.
The opposite parties were negligent towards their appearance before the Forum after proper service of the notice upon all the opposite parties. None of them were turn-up and filed their Written Version to contest their case. Sufficient scope had been given to all the opposite parties to contest this case, but all of them neglect the Forum’s notice.
Hence, we are satisfied and hold that the complainant proves his case by filling a complaint petition with an affidavit and all the relevant documents, against the opposite parties for their Deficiency in service.
Thus, considering the facts and circumstances of the case and in light of our observations, we find that the complainant is entitled to get Rs. 10,000/- from the opposite parties towards cost of carpet, Rs. 6000/- insurance premium amount and Rs. 10,000/- towards compensation for pecuniary and non-pecuniary loss and mental agony etc, which will met the ends of justice.
As a result, the case succeeds ex-parte.
Hence, it is
O R D E R E D :-
That the Consumer Case no.35/2018 be and the same is allowed ex-parte against the opposite parties (1 to 4) with a litigation cost of Rs. 2000/-. The opposite parties (1 to 4) are jointly and severally directed to pay Rs. (2000/-+10,000/-+6000/-+10,000/-) i.e. Rs. 28,000/- in total by A/C payee cheque in the name of the complainant Arun Kumar Singh within one month from this day failing which the amount will carry interest @ 9% per annum from the date of filing of this case i.e. on and from 27/07/2018.
The complainant will have the right to recover the amount from the opposite parties by execution of the order, if the opposite parties fail to comply.
Let the original documents if any filed by the complainant and the extra-sets be returned to the complainant on proper acknowledgements.
Let a plain copy of this order be supplied to the parties free of cost on proper acknowledgement receipt or be sent by ordinary post in terms of Rule 5(10) of West Bengal Consumer Protection Rules, 1987 and the extra sets be also returned to the parties on proper receipt.
